What does "as is" mean in a lease?
3 attorney answers
Adding to the others comments, and to answer your question .."of course you do." The better question is .."to do what?" First and foremost, however, you need to conclusively establish that "your health is in danger", because if you just claim this and start making demands and allegations, you may find yourself on the unhappy side of an eviction. For example, fiberglass does not rot. It is a man made synthetic material. The mere existence of a "fiberglass box" next to an air handler, equally is not an inherent health risk as described. Your best bet would be to hire an insulation expert to give an opinion on these things BEFORE to raise issue about it. You can call code enforcement if you like, because its free, also. HOWEVER, if CE finds no violation, you will likely have a VERY unhappy LL to deal with so you had better expect to tow the line for every detail of the lease from that point forward.
"As-is" in leases is often used by landlords to reduce their liability for unfinished portions of the property. It can mean that there are no appliances, or the pool is inoperable, or that walls and other surfaces are and may remain unfinished.
But, using "as-is" to avoid compliance with the Florida Statutes, which require a landlord at all times to comply with applicable building and housing codes.
If you do not believe that your rental property is habitable, address the problems directly with your landlord through written communication (email, text message, or certified mail). If he or she refuses to remedy dangerous conditions, then call the code enforcement, who will usually come out to the property and make a written report of all of the violations the landlord will have to fix.
A landlord can restrict access to certain parts of the premises, but that tends to apply to the storage of certain materials. A closet, attic, or garage may be off limits, but necessary spaces like the kitchen, bedrooms or bathrooms should not.
I hope this information has been useful, and I wish you the best of luck.
Legal disclaimer: The information provided should not be taken as a substitute for legal advice from retained counsel. Mr. Jones does not intend to create nor does he consent to a formation of an attorney-client relationship with anybody reading this material, including the question poster, by virtue of posting on information on this website. If you are in need of legal advice, you should consult and retain local legal counsel.
Your landlord needs to learn that he is not selling a used car. If you have an apartment, the law is clear:
83.51 Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.
(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot water.